101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3479

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code. Provides that a check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent, as applicable, once for every 5 years an applicant remains employed by a school district. Provides that no school board shall knowingly employ a person or knowingly allow a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. Requires the State Board of Education to conduct random audits of Professional Educator Licensees to verify a licensee's fulfillment of required professional development hours. With regard to the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, provides that if the holder of a license or applicant for a license has been charged with attempting to commit, conspiring to commit, soliciting, or committing certain offenses, first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of those offenses, the State Superintendent of Education shall immediately suspend the license or deny the application until the person's criminal charges are adjudicated through a court of competent jurisdiction. Makes other changes.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3479LRB101 08294 AXK 53362 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.9, 21B-45, 21B-80, 24-14, 34-18.5, and 34-84b as follows:
 
6    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
7    Sec. 10-21.9. Criminal history records checks and checks of
8the Statewide Sex Offender Database and Statewide Murderer and
9Violent Offender Against Youth Database.
10    (a) Licensed and nonlicensed Certified and noncertified
11applicants for employment with a school district, except school
12bus driver applicants, are required as a condition of
13employment to authorize a fingerprint-based criminal history
14records check to determine if such applicants have been
15convicted of any disqualifying, of the enumerated criminal or
16drug offenses in subsection (c) of this Section or have been
17convicted, within 7 years of the application for employment
18with the school district, of any other felony under the laws of
19this State or of any offense committed or attempted in any
20other state or against the laws of the United States that, if
21committed or attempted in this State, would have been
22punishable as a felony under the laws of this State.
23Authorization for the check shall be furnished by the applicant

 

 

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1to the school district, except that if the applicant is a
2substitute teacher seeking employment in more than one school
3district, a teacher seeking concurrent part-time employment
4positions with more than one school district (as a reading
5specialist, special education teacher or otherwise), or an
6educational support personnel employee seeking employment
7positions with more than one district, any such district may
8require the applicant to furnish authorization for the check to
9the regional superintendent of the educational service region
10in which are located the school districts in which the
11applicant is seeking employment as a substitute or concurrent
12part-time teacher or concurrent educational support personnel
13employee. Upon receipt of this authorization, the school
14district or the appropriate regional superintendent, as the
15case may be, shall submit the applicant's name, sex, race, date
16of birth, social security number, fingerprint images, and other
17identifiers, as prescribed by the Department of State Police,
18to the Department. The regional superintendent submitting the
19requisite information to the Department of State Police shall
20promptly notify the school districts in which the applicant is
21seeking employment as a substitute or concurrent part-time
22teacher or concurrent educational support personnel employee
23that the check of the applicant has been requested. The
24Department of State Police and the Federal Bureau of
25Investigation shall furnish, pursuant to a fingerprint-based
26criminal history records check, records of convictions,

 

 

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1forever and hereinafter, until expunged, to the president of
2the school board for the school district that requested the
3check, or to the regional superintendent who requested the
4check. The Department shall charge the school district or the
5appropriate regional superintendent a fee for conducting such
6check, which fee shall be deposited in the State Police
7Services Fund and shall not exceed the cost of the inquiry; and
8the applicant shall not be charged a fee for such check by the
9school district or by the regional superintendent, except that
10those applicants seeking employment as a substitute teacher
11with a school district may be charged a fee not to exceed the
12cost of the inquiry. Subject to appropriations for these
13purposes, the State Superintendent of Education shall
14reimburse school districts and regional superintendents for
15fees paid to obtain criminal history records checks under this
16Section.
17    (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender Database,
19as authorized by the Sex Offender Community Notification Law,
20for each applicant. The check of the Statewide Sex Offender
21Database must be conducted by the school district or regional
22superintendent once for every 5 years that an applicant remains
23employed by the school district.
24    (a-6) The school district or regional superintendent shall
25further perform a check of the Statewide Murderer and Violent
26Offender Against Youth Database, as authorized by the Murderer

 

 

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1and Violent Offender Against Youth Community Notification Law,
2for each applicant. The check of the Murderer and Violent
3Offender Against Youth Database must be conducted by the school
4district or regional superintendent once for every 5 years that
5an applicant remains employed by the school district.
6    (b) Any information concerning the record of convictions
7obtained by the president of the school board or the regional
8superintendent shall be confidential and may only be
9transmitted to the superintendent of the school district or his
10designee, the appropriate regional superintendent if the check
11was requested by the school district, the presidents of the
12appropriate school boards if the check was requested from the
13Department of State Police by the regional superintendent, the
14State Superintendent of Education, the State Educator
15Preparation and Licensure State Teacher Certification Board,
16any other person necessary to the decision of hiring the
17applicant for employment, or for clarification purposes the
18Department of State Police or Statewide Sex Offender Database,
19or both. A copy of the record of convictions obtained from the
20Department of State Police shall be provided to the applicant
21for employment. Upon the check of the Statewide Sex Offender
22Database, the school district or regional superintendent shall
23notify an applicant as to whether or not the applicant has been
24identified in the Database as a sex offender. If a check of an
25applicant for employment as a substitute or concurrent
26part-time teacher or concurrent educational support personnel

 

 

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1employee in more than one school district was requested by the
2regional superintendent, and the Department of State Police
3upon a check ascertains that the applicant has not been
4convicted of any of the enumerated criminal or drug offenses in
5subsection (c) of this Section or has not been convicted,
6within 7 years of the application for employment with the
7school district, of any other felony under the laws of this
8State or of any offense committed or attempted in any other
9state or against the laws of the United States that, if
10committed or attempted in this State, would have been
11punishable as a felony under the laws of this State and so
12notifies the regional superintendent and if the regional
13superintendent upon a check ascertains that the applicant has
14not been identified in the Sex Offender Database as a sex
15offender, then the regional superintendent shall issue to the
16applicant a certificate evidencing that as of the date
17specified by the Department of State Police the applicant has
18not been convicted of any of the enumerated criminal or drug
19offenses in subsection (c) of this Section or has not been
20convicted, within 7 years of the application for employment
21with the school district, of any other felony under the laws of
22this State or of any offense committed or attempted in any
23other state or against the laws of the United States that, if
24committed or attempted in this State, would have been
25punishable as a felony under the laws of this State and
26evidencing that as of the date that the regional superintendent

 

 

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1conducted a check of the Statewide Sex Offender Database, the
2applicant has not been identified in the Database as a sex
3offender. The school board of any school district may rely on
4the certificate issued by any regional superintendent to that
5substitute teacher, concurrent part-time teacher, or
6concurrent educational support personnel employee or may
7initiate its own criminal history records check of the
8applicant through the Department of State Police and its own
9check of the Statewide Sex Offender Database as provided in
10subsection (a). Any unauthorized release of confidential
11information may be a violation of Section 7 of the Criminal
12Identification Act.
13    (c) No school board shall knowingly employ a person who has
14been convicted of any offense that would subject him or her to
15license suspension or revocation pursuant to Section 21B-80 of
16this Code, except as provided under subsection (b) of Section
1721B-80. Further, no school board shall knowingly employ a
18person who has been found to be the perpetrator of sexual or
19physical abuse of any minor under 18 years of age pursuant to
20proceedings under Article II of the Juvenile Court Act of 1987.
21No school board shall knowingly employ a person who has been
22issued an indicated finding of abuse or neglect of a child by
23the Department of Children and Family Services under the Abused
24and Neglected Child Reporting Act or by a child welfare agency
25of another jurisdiction.
26    (d) No school board shall knowingly employ a person for

 

 

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1whom a criminal history records check and a Statewide Sex
2Offender Database check has not been initiated.
3    (e) No later than 15 business days after receipt of a
4record of conviction or of checking the Statewide Murderer and
5Violent Offender Against Youth Database or the Statewide Sex
6Offender Database and finding a registration, the
7superintendent of the employing school board or the applicable
8regional superintendent shall, in writing, notify the State
9Superintendent of Education of any license holder who has been
10convicted of a crime set forth in Section 21B-80 of this Code.
11Upon receipt of the record of a conviction of or a finding of
12child abuse by a holder of any license certificate issued
13pursuant to Article 21B 21 or Section 34-8.1 or 34-83 of the
14School Code, the State Superintendent of Education may initiate
15licensure certificate suspension and revocation proceedings as
16authorized by law. If the receipt of the record of conviction
17or finding of child abuse is received within 6 months after the
18initial grant of or renewal of a license, the State
19Superintendent of Education may rescind the license holder's
20license.
21    (e-5) The superintendent of the employing school board
22shall, in writing, notify the State Superintendent of Education
23and the applicable regional superintendent of schools of any
24license certificate holder whom he or she has reasonable cause
25to believe has committed an intentional act of abuse or neglect
26with the result of making a child an abused child or a

 

 

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1neglected child, as defined in Section 3 of the Abused and
2Neglected Child Reporting Act, and that act resulted in the
3license certificate holder's dismissal or resignation from the
4school district. This notification must be submitted within 30
5days after the dismissal or resignation. The license
6certificate holder must also be contemporaneously sent a copy
7of the notice by the superintendent. All correspondence,
8documentation, and other information so received by the
9regional superintendent of schools, the State Superintendent
10of Education, the State Board of Education, or the State
11Educator Preparation and Licensure State Teacher Certification
12Board under this subsection (e-5) is confidential and must not
13be disclosed to third parties, except (i) as necessary for the
14State Superintendent of Education or his or her designee to
15investigate and prosecute pursuant to Article 21B 21 of this
16Code, (ii) pursuant to a court order, (iii) for disclosure to
17the license certificate holder or his or her representative, or
18(iv) as otherwise provided in this Article and provided that
19any such information admitted into evidence in a hearing is
20exempt from this confidentiality and non-disclosure
21requirement. Except for an act of willful or wanton misconduct,
22any superintendent who provides notification as required in
23this subsection (e-5) shall have immunity from any liability,
24whether civil or criminal or that otherwise might result by
25reason of such action.
26    (f) After January 1, 1990 the provisions of this Section

 

 

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1shall apply to all employees of persons or firms holding
2contracts with any school district including, but not limited
3to, food service workers, school bus drivers and other
4transportation employees, who have direct, daily contact with
5the pupils of any school in such district. For purposes of
6criminal history records checks and checks of the Statewide Sex
7Offender Database on employees of persons or firms holding
8contracts with more than one school district and assigned to
9more than one school district, the regional superintendent of
10the educational service region in which the contracting school
11districts are located may, at the request of any such school
12district, be responsible for receiving the authorization for a
13criminal history records check prepared by each such employee
14and submitting the same to the Department of State Police and
15for conducting a check of the Statewide Sex Offender Database
16for each employee. Any information concerning the record of
17conviction and identification as a sex offender of any such
18employee obtained by the regional superintendent shall be
19promptly reported to the president of the appropriate school
20board or school boards.
21    (f-5) Upon request of a school or school district, any
22information obtained by a school district pursuant to
23subsection (f) of this Section within the last year must be
24made available to the requesting school or school district.
25    (g) Prior to the commencement of any student teaching
26experience or required internship (which is referred to as

 

 

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1student teaching in this Section) in the public schools, a
2student teacher is required to authorize a fingerprint-based
3criminal history records check. Authorization for and payment
4of the costs of the check must be furnished by the student
5teacher to the school district where the student teaching is to
6be completed. Upon receipt of this authorization and payment,
7the school district shall submit the student teacher's name,
8sex, race, date of birth, social security number, fingerprint
9images, and other identifiers, as prescribed by the Department
10of State Police, to the Department of State Police. The
11Department of State Police and the Federal Bureau of
12Investigation shall furnish, pursuant to a fingerprint-based
13criminal history records check, records of convictions,
14forever and hereinafter, until expunged, to the president of
15the school board for the school district that requested the
16check. The Department shall charge the school district a fee
17for conducting the check, which fee must not exceed the cost of
18the inquiry and must be deposited into the State Police
19Services Fund. The school district shall further perform a
20check of the Statewide Sex Offender Database, as authorized by
21the Sex Offender Community Notification Law, and of the
22Statewide Murderer and Violent Offender Against Youth
23Database, as authorized by the Murderer and Violent Offender
24Against Youth Registration Act, for each student teacher. No
25school board may knowingly allow a person to student teach for
26whom a criminal history records check, a Statewide Sex Offender

 

 

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1Database check, and a Statewide Murderer and Violent Offender
2Against Youth Database check have not been completed and
3reviewed by the district.
4    A copy of the record of convictions obtained from the
5Department of State Police must be provided to the student
6teacher. Any information concerning the record of convictions
7obtained by the president of the school board is confidential
8and may only be transmitted to the superintendent of the school
9district or his or her designee, the State Superintendent of
10Education, the State Educator Preparation and Licensure Board,
11or, for clarification purposes, the Department of State Police
12or the Statewide Sex Offender Database or Statewide Murderer
13and Violent Offender Against Youth Database. Any unauthorized
14release of confidential information may be a violation of
15Section 7 of the Criminal Identification Act.
16    No school board shall may knowingly allow a person to
17student teach who has been convicted of any offense that would
18subject him or her to license suspension or revocation pursuant
19to subsection (c) of Section 21B-80 of this Code, except as
20provided under subsection (b) of Section 21B-80. Further, no
21school board shall allow a person to student teach if he or she
22or who has been found to be the perpetrator of sexual or
23physical abuse of a minor under 18 years of age pursuant to
24proceedings under Article II of the Juvenile Court Act of 1987.
25No school board shall knowingly allow a person to student teach
26who has been issued an indicated finding of abuse or neglect of

 

 

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1a child by the Department of Children and Family Services under
2the Abused and Neglected Child Reporting Act or by a child
3welfare agency of another jurisdiction.
4    (h) (Blank).
5(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
6    (105 ILCS 5/21B-45)
7    Sec. 21B-45. Professional Educator License renewal.
8    (a) Individuals holding a Professional Educator License
9are required to complete the licensure renewal requirements as
10specified in this Section, unless otherwise provided in this
11Code.
12    Individuals holding a Professional Educator License shall
13meet the renewal requirements set forth in this Section, unless
14otherwise provided in this Code. If an individual holds a
15license endorsed in more than one area that has different
16renewal requirements, that individual shall follow the renewal
17requirements for the position for which he or she spends the
18majority of his or her time working.
19    (b) All Professional Educator Licenses not renewed as
20provided in this Section shall lapse on September 1 of that
21year. Notwithstanding any other provisions of this Section, if
22a license holder's electronic mail address is available, the
23State Board of Education shall send him or her notification
24electronically that his or her license will lapse if not
25renewed, to be sent no more than 6 months prior to the license

 

 

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1lapsing. Lapsed licenses may be immediately reinstated upon (i)
2payment by the applicant of a $500 penalty to the State Board
3of Education or (ii) the demonstration of proficiency by
4completing 9 semester hours of coursework from a regionally
5accredited institution of higher education in the content area
6that most aligns with one or more of the educator's endorsement
7areas. Any and all back fees, including without limitation
8registration fees owed from the time of expiration of the
9license until the date of reinstatement, shall be paid and kept
10in accordance with the provisions in Article 3 of this Code
11concerning an institute fund and the provisions in Article 21B
12of this Code concerning fees and requirements for registration.
13Licenses not registered in accordance with Section 21B-40 of
14this Code shall lapse after a period of 6 months from the
15expiration of the last year of registration or on January 1 of
16the fiscal year following initial issuance of the license. An
17unregistered license is invalid after September 1 for
18employment and performance of services in an Illinois public or
19State-operated school or cooperative and in a charter school.
20Any license or endorsement may be voluntarily surrendered by
21the license holder. A voluntarily surrendered license, except a
22substitute teaching license issued under Section 21B-20 of this
23Code, shall be treated as a revoked license. An Educator
24License with Stipulations with only a paraprofessional
25endorsement does not lapse.
26    (c) From July 1, 2013 through June 30, 2014, in order to

 

 

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1satisfy the requirements for licensure renewal provided for in
2this Section, each professional educator licensee with an
3administrative endorsement who is working in a position
4requiring such endorsement shall complete one Illinois
5Administrators' Academy course, as described in Article 2 of
6this Code, per fiscal year.
7    (d) Beginning July 1, 2014, in order to satisfy the
8requirements for licensure renewal provided for in this
9Section, each professional educator licensee may create a
10professional development plan each year. The plan shall address
11one or more of the endorsements that are required of his or her
12educator position if the licensee is employed and performing
13services in an Illinois public or State-operated school or
14cooperative. If the licensee is employed in a charter school,
15the plan shall address that endorsement or those endorsements
16most closely related to his or her educator position. Licensees
17employed and performing services in any other Illinois schools
18may participate in the renewal requirements by adhering to the
19same process.
20    Except as otherwise provided in this Section, the
21licensee's professional development activities shall align
22with one or more of the following criteria:
23        (1) activities are of a type that engage participants
24    over a sustained period of time allowing for analysis,
25    discovery, and application as they relate to student
26    learning, social or emotional achievement, or well-being;

 

 

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1        (2) professional development aligns to the licensee's
2    performance;
3        (3) outcomes for the activities must relate to student
4    growth or district improvement;
5        (4) activities align to State-approved standards; and
6        (5) higher education coursework.
7    (e) For each renewal cycle, each professional educator
8licensee shall engage in professional development activities.
9Prior to renewal, the licensee shall enter electronically into
10the Educator Licensure Information System (ELIS) the name,
11date, and location of the activity, the number of professional
12development hours, and the provider's name. The following
13provisions shall apply concerning professional development
14activities:
15        (1) Each licensee shall complete a total of 120 hours
16    of professional development per 5-year renewal cycle in
17    order to renew the license, except as otherwise provided in
18    this Section.
19        (2) Beginning with his or her first full 5-year cycle,
20    any licensee with an administrative endorsement who is not
21    working in a position requiring such endorsement is not
22    required to complete Illinois Administrators' Academy
23    courses, as described in Article 2 of this Code. Such
24    licensees must complete one Illinois Administrators'
25    Academy course within one year after returning to a
26    position that requires the administrative endorsement.

 

 

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1        (3) Any licensee with an administrative endorsement
2    who is working in a position requiring such endorsement or
3    an individual with a Teacher Leader endorsement serving in
4    an administrative capacity at least 50% of the day shall
5    complete one Illinois Administrators' Academy course, as
6    described in Article 2 of this Code, each fiscal year in
7    addition to 100 hours of professional development per
8    5-year renewal cycle in accordance with this Code.
9        (4) Any licensee holding a current National Board for
10    Professional Teaching Standards (NBPTS) master teacher
11    designation shall complete a total of 60 hours of
12    professional development per 5-year renewal cycle in order
13    to renew the license.
14        (5) Licensees working in a position that does not
15    require educator licensure or working in a position for
16    less than 50% for any particular year are considered to be
17    exempt and shall be required to pay only the registration
18    fee in order to renew and maintain the validity of the
19    license.
20        (6) Licensees who are retired and qualify for benefits
21    from a State of Illinois retirement system shall notify the
22    State Board of Education using ELIS, and the license shall
23    be maintained in retired status. For any renewal cycle in
24    which a licensee retires during the renewal cycle, the
25    licensee must complete professional development activities
26    on a prorated basis depending on the number of years during

 

 

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1    the renewal cycle the educator held an active license. If a
2    licensee retires during a renewal cycle, the licensee must
3    notify the State Board of Education using ELIS that the
4    licensee wishes to maintain the license in retired status
5    and must show proof of completion of professional
6    development activities on a prorated basis for all years of
7    that renewal cycle for which the license was active. An
8    individual with a license in retired status shall not be
9    required to complete professional development activities
10    or pay registration fees until returning to a position that
11    requires educator licensure. Upon returning to work in a
12    position that requires the Professional Educator License,
13    the licensee shall immediately pay a registration fee and
14    complete renewal requirements for that year. A license in
15    retired status cannot lapse. Beginning on January 6, 2017
16    (the effective date of Public Act 99-920) through December
17    31, 2017, any licensee who has retired and whose license
18    has lapsed for failure to renew as provided in this Section
19    may reinstate that license and maintain it in retired
20    status upon providing proof to the State Board of Education
21    using ELIS that the licensee is retired and is not working
22    in a position that requires a Professional Educator
23    License.
24        (7) For any renewal cycle in which professional
25    development hours were required, but not fulfilled, the
26    licensee shall complete any missed hours to total the

 

 

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1    minimum professional development hours required in this
2    Section prior to September 1 of that year. Professional
3    development hours used to fulfill the minimum required
4    hours for a renewal cycle may be used for only one renewal
5    cycle. For any fiscal year or renewal cycle in which an
6    Illinois Administrators' Academy course was required but
7    not completed, the licensee shall complete any missed
8    Illinois Administrators' Academy courses prior to
9    September 1 of that year. The licensee may complete all
10    deficient hours and Illinois Administrators' Academy
11    courses while continuing to work in a position that
12    requires that license until September 1 of that year.
13        (8) Any licensee who has not fulfilled the professional
14    development renewal requirements set forth in this Section
15    at the end of any 5-year renewal cycle is ineligible to
16    register his or her license and may submit an appeal to the
17    State Superintendent of Education for reinstatement of the
18    license.
19        (9) If professional development opportunities were
20    unavailable to a licensee, proof that opportunities were
21    unavailable and request for an extension of time beyond
22    August 31 to complete the renewal requirements may be
23    submitted from April 1 through June 30 of that year to the
24    State Educator Preparation and Licensure Board. If an
25    extension is approved, the license shall remain valid
26    during the extension period.

 

 

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1        (10) Individuals who hold exempt licenses prior to
2    December 27, 2013 (the effective date of Public Act 98-610)
3    shall commence the annual renewal process with the first
4    scheduled registration due after December 27, 2013 (the
5    effective date of Public Act 98-610).
6        (11) Notwithstanding any other provision of this
7    subsection (e), if a licensee earns more than the required
8    number of professional development hours during a renewal
9    cycle, then the licensee may carry over any hours earned
10    from April 1 through June 30 of the last year of the
11    renewal cycle. Any hours carried over in this manner must
12    be applied to the next renewal cycle. Illinois
13    Administrators' Academy courses or hours earned in those
14    courses may not be carried over.
15    (f) At the time of renewal, each licensee shall respond to
16the required questions under penalty of perjury.
17    (f-5) The State Board of Education shall conduct random
18audits of licensees to verify a licensee's fulfillment of the
19professional development hours required under this Section.
20Upon completion of a random audit, if it is determined by the
21State Board of Education that the licensee did not complete the
22required number of professional development hours or did not
23provide sufficient proof of completion, the licensee shall be
24notified that his or her license has lapsed. A license that has
25lapsed under this subsection may be reinstated as provided in
26subsection (b).

 

 

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1    (g) The following entities shall be designated as approved
2to provide professional development activities for the renewal
3of Professional Educator Licenses:
4        (1) The State Board of Education.
5        (2) Regional offices of education and intermediate
6    service centers.
7        (3) Illinois professional associations representing
8    the following groups that are approved by the State
9    Superintendent of Education:
10            (A) school administrators;
11            (B) principals;
12            (C) school business officials;
13            (D) teachers, including special education
14        teachers;
15            (E) school boards;
16            (F) school districts;
17            (G) parents; and
18            (H) school service personnel.
19        (4) Regionally accredited institutions of higher
20    education that offer Illinois-approved educator
21    preparation programs and public community colleges subject
22    to the Public Community College Act.
23        (5) Illinois public school districts, charter schools
24    authorized under Article 27A of this Code, and joint
25    educational programs authorized under Article 10 of this
26    Code for the purposes of providing career and technical

 

 

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1    education or special education services.
2        (6) A not-for-profit organization that, as of December
3    31, 2014 (the effective date of Public Act 98-1147), has
4    had or has a grant from or a contract with the State Board
5    of Education to provide professional development services
6    in the area of English Learning to Illinois school
7    districts, teachers, or administrators.
8        (7) State agencies, State boards, and State
9    commissions.
10        (8) Museums as defined in Section 10 of the Museum
11    Disposition of Property Act.
12    (h) Approved providers under subsection (g) of this Section
13shall make available professional development opportunities
14that satisfy at least one of the following:
15        (1) increase the knowledge and skills of school and
16    district leaders who guide continuous professional
17    development;
18        (2) improve the learning of students;
19        (3) organize adults into learning communities whose
20    goals are aligned with those of the school and district;
21        (4) deepen educator's content knowledge;
22        (5) provide educators with research-based
23    instructional strategies to assist students in meeting
24    rigorous academic standards;
25        (6) prepare educators to appropriately use various
26    types of classroom assessments;

 

 

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1        (7) use learning strategies appropriate to the
2    intended goals;
3        (8) provide educators with the knowledge and skills to
4    collaborate; or
5        (9) prepare educators to apply research to
6    decision-making.
7    (i) Approved providers under subsection (g) of this Section
8shall do the following:
9        (1) align professional development activities to the
10    State-approved national standards for professional
11    learning;
12        (2) meet the professional development criteria for
13    Illinois licensure renewal;
14        (3) produce a rationale for the activity that explains
15    how it aligns to State standards and identify the
16    assessment for determining the expected impact on student
17    learning or school improvement;
18        (4) maintain original documentation for completion of
19    activities;
20        (5) provide license holders with evidence of
21    completion of activities; and
22        (6) request an Illinois Educator Identification Number
23    (IEIN) for each educator during each professional
24    development activity.
25    (j) The State Board of Education shall conduct annual
26audits of a subset of approved providers, except for school

 

 

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1districts, which shall be audited by regional offices of
2education and intermediate service centers. The State Board of
3Education shall ensure that each approved provider, except for
4a school district, is audited at least once every 5 years. The
5State Board of Education may conduct more frequent audits of
6providers if evidence suggests the requirements of this Section
7or administrative rules are not being met. The State Board of
8Education shall complete random audits of licensees.
9        (1) (Blank).
10        (2) Approved providers shall comply with the
11    requirements in subsections (h) and (i) of this Section by
12    annually submitting data to the State Board of Education
13    demonstrating how the professional development activities
14    impacted one or more of the following:
15            (A) educator and student growth in regards to
16        content knowledge or skills, or both;
17            (B) educator and student social and emotional
18        growth; or
19            (C) alignment to district or school improvement
20        plans.
21        (3) The State Superintendent of Education shall review
22    the annual data collected by the State Board of Education,
23    regional offices of education, and intermediate service
24    centers in audits to determine if the approved provider has
25    met the criteria and should continue to be an approved
26    provider or if further action should be taken as provided

 

 

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1    in rules.
2    (k) Registration fees shall be paid for the next renewal
3cycle between April 1 and June 30 in the last year of each
45-year renewal cycle using ELIS. If all required professional
5development hours for the renewal cycle have been completed and
6entered by the licensee, the licensee shall pay the
7registration fees for the next cycle using a form of credit or
8debit card.
9    (l) Any professional educator licensee endorsed for school
10support personnel who is employed and performing services in
11Illinois public schools and who holds an active and current
12professional license issued by the Department of Financial and
13Professional Regulation or a national certification board, as
14approved by the State Board of Education, related to the
15endorsement areas on the Professional Educator License shall be
16deemed to have satisfied the continuing professional
17development requirements provided for in this Section. Such
18individuals shall be required to pay only registration fees to
19renew the Professional Educator License. An individual who does
20not hold a license issued by the Department of Financial and
21Professional Regulation shall complete professional
22development requirements for the renewal of a Professional
23Educator License provided for in this Section.
24    (m) Appeals to the State Educator Preparation and Licensure
25Board must be made within 30 days after receipt of notice from
26the State Superintendent of Education that a license will not

 

 

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1be renewed based upon failure to complete the requirements of
2this Section. A licensee may appeal that decision to the State
3Educator Preparation and Licensure Board in a manner prescribed
4by rule.
5        (1) Each appeal shall state the reasons why the State
6    Superintendent's decision should be reversed and shall be
7    sent by certified mail, return receipt requested, to the
8    State Board of Education.
9        (2) The State Educator Preparation and Licensure Board
10    shall review each appeal regarding renewal of a license
11    within 90 days after receiving the appeal in order to
12    determine whether the licensee has met the requirements of
13    this Section. The State Educator Preparation and Licensure
14    Board may hold an appeal hearing or may make its
15    determination based upon the record of review, which shall
16    consist of the following:
17            (A) the regional superintendent of education's
18        rationale for recommending nonrenewal of the license,
19        if applicable;
20            (B) any evidence submitted to the State
21        Superintendent along with the individual's electronic
22        statement of assurance for renewal; and
23            (C) the State Superintendent's rationale for
24        nonrenewal of the license.
25        (3) The State Educator Preparation and Licensure Board
26    shall notify the licensee of its decision regarding license

 

 

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1    renewal by certified mail, return receipt requested, no
2    later than 30 days after reaching a decision. Upon receipt
3    of notification of renewal, the licensee, using ELIS, shall
4    pay the applicable registration fee for the next cycle
5    using a form of credit or debit card.
6    (n) The State Board of Education may adopt rules as may be
7necessary to implement this Section.
8(Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15;
999-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17;
10100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff.
117-1-18; 100-863, eff. 8-14-18.)
 
12    (105 ILCS 5/21B-80)
13    Sec. 21B-80. Conviction of certain offenses as grounds for
14disqualification for licensure or suspension or revocation of a
15license.
16    (a) As used in this Section:
17    "Drug offense" means any one or more of the following
18offenses:
19        (1) Any offense defined in the Cannabis Control Act,
20    except those defined in subdivisions (a), (b), and (c) of
21    Section 4 and subdivisions (a) and (b) of Section 5 of the
22    Cannabis Control Act and any offense for which the holder
23    of a license is placed on probation under the provisions of
24    Section 10 of the Cannabis Control Act, provided that if
25    the terms and conditions of probation required by the court

 

 

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1    are not fulfilled, the offense is not eligible for this
2    exception.
3        (2) Any offense defined in the Illinois Controlled
4    Substances Act, except any offense for which the holder of
5    a license is placed on probation under the provisions of
6    Section 410 of the Illinois Controlled Substances Act,
7    provided that if the terms and conditions of probation
8    required by the court are not fulfilled, the offense is not
9    eligible for this exception.
10        (3) Any offense defined in the Methamphetamine Control
11    and Community Protection Act, except any offense for which
12    the holder of a license is placed on probation under the
13    provision of Section 70 of that Act, provided that if the
14    terms and conditions of probation required by the court are
15    not fulfilled, the offense is not eligible for this
16    exception.
17        (4) Any attempt to commit any of the offenses listed in
18    items (1) through (3) of this definition.
19        (5) Any offense committed or attempted in any other
20    state or against the laws of the United States that, if
21    committed or attempted in this State, would have been
22    punishable as one or more of the offenses listed in items
23    (1) through (4) of this definition.
24The changes made by Public Act 96-431 to this definition are
25declaratory of existing law.
26    "Sentence" includes any period of supervised release

 

 

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1supervision or probation that was imposed either alone or in
2combination with a period of incarceration.
3    " Sex or other offense" means any one or more of the
4following offenses:
5        (A) Any offense defined in Sections 11-6, 11-9 through
6    11-9.5, inclusive, and 11-30 (if punished as a Class 4
7    felony) of the Criminal Code of 1961 or the Criminal Code
8    of 2012; Sections 11-14.1 through 11-21, inclusive, of the
9    Criminal Code of 1961 or the Criminal Code of 2012;
10    Sections 11-23 (if punished as a Class 3 felony), 11-24,
11    11-25, and 11-26 of the Criminal Code of 1961 or the
12    Criminal Code of 2012; Section 10-5.1, subsection (c) of
13    Section 10-9, and Sections 11-6.6, 11-11, 12-3.05, 12-3.3,
14    12-6.4, 12-7.1, 12-34, 12-34.5, and 12-35 of the Criminal
15    Code of 2012; and Sections 11-1.20, 11-1.30, 11-1.40,
16    11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15,
17    12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished pursuant
18    to subdivision (4) or (5) of subsection (d) of Section
19    26-4) of the Criminal Code of 1961 or the Criminal Code of
20    2012.
21        (B) Any attempt to commit any of the offenses listed in
22    item (A) of this definition.
23        (C) Any offense committed or attempted in any other
24    state that, if committed or attempted in this State, would
25    have been punishable as one or more of the offenses listed
26    in items (A) and (B) of this definition.

 

 

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1    (b) Whenever the holder of any license issued pursuant to
2this Article or applicant for a license to be issued pursuant
3to this Article has been convicted of any drug offense, other
4than as provided in subsection (c) of this Section, the State
5Superintendent of Education shall forthwith suspend the
6license or deny the application, whichever is applicable, until
77 years following the end of the sentence for the criminal
8offense. If the conviction is reversed and the holder is
9acquitted of the offense in a new trial or the charges against
10him or her are dismissed, the State Superintendent of Education
11shall forthwith terminate the suspension of the license.
12    (b-5) Whenever the holder of a license issued pursuant to
13this Article or applicant for a license to be issued pursuant
14to this Article has been charged with attempting to commit,
15conspiring to commit, soliciting, or committing any sex or
16other offense, first degree murder, or a Class X felony or any
17offense committed or attempted in any other state or against
18the laws of the United States that, if committed or attempted
19in this State, would have been punishable as one or more of the
20foregoing offenses, the State Superintendent of Education
21shall immediately suspend the license or deny the application
22until the person's criminal charges are adjudicated through a
23court of competent jurisdiction. If the person is acquitted,
24his or her license or application shall be immediately
25reinstated.
26    (c) Whenever the holder of a license issued pursuant to

 

 

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1this Article or applicant for a license to be issued pursuant
2to this Article has been convicted of attempting to commit,
3conspiring to commit, soliciting, or committing any sex or
4other offense, first degree murder, or a Class X felony or any
5offense committed or attempted in any other state or against
6the laws of the United States that, if committed or attempted
7in this State, would have been punishable as one or more of the
8foregoing offenses, the State Superintendent of Education
9shall forthwith suspend the license or deny the application,
10whichever is applicable. If the conviction is reversed and the
11holder is acquitted of that offense in a new trial or the
12charges that he or she committed that offense are dismissed,
13the State Superintendent of Education shall forthwith
14terminate the suspension of the license. When the conviction
15becomes final, the State Superintendent of Education shall
16forthwith revoke the license.
17(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
 
18    (105 ILCS 5/24-14)  (from Ch. 122, par. 24-14)
19    Sec. 24-14. Termination of contractual continued service
20by teacher. A teacher who has entered into contractual
21continued service may resign at any time by obtaining
22concurrence of the board or by serving at least 30 days'
23written notice upon the secretary of the board. However, no
24teacher may resign during the school term, without the
25concurrence of the board, in order to accept another teaching

 

 

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1assignment. Any teacher terminating said service not in
2accordance with this Section may be referred by the board to
3the State Superintendent of Education is guilty of
4unprofessional conduct and liable to suspension of licensure
5for a period not to exceed 1 year, as provided in Section
621B-75 of this Code. The State Superintendent or his or her
7designee shall convene an informal evidentiary hearing no later
8than 90 days after receipt of a resolution by the board. If the
9State Superintendent or his or her designee finds that the
10teacher resigned during the school term without the concurrence
11of the board to accept another teaching assignment, the State
12Superintendent must suspend the teacher's license for a period
13not to exceed one calendar year. In lieu of a hearing and
14finding, the teacher may agree to a lesser licensure sanction
15at the discretion of the State Superintendent.
16(Source: P.A. 97-607, eff. 8-26-11.)
 
17    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
18    Sec. 34-18.5. Criminal history records checks and checks of
19the Statewide Sex Offender Database and Statewide Murderer and
20Violent Offender Against Youth Database.
21    (a) Licensed and nonlicensed Certified and noncertified
22applicants for employment with the school district are required
23as a condition of employment to authorize a fingerprint-based
24criminal history records check to determine if such applicants
25have been convicted of any disqualifying, of the enumerated

 

 

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1criminal or drug offenses in subsection (c) of this Section or
2have been convicted, within 7 years of the application for
3employment with the school district, of any other felony under
4the laws of this State or of any offense committed or attempted
5in any other state or against the laws of the United States
6that, if committed or attempted in this State, would have been
7punishable as a felony under the laws of this State.
8Authorization for the check shall be furnished by the applicant
9to the school district, except that if the applicant is a
10substitute teacher seeking employment in more than one school
11district, or a teacher seeking concurrent part-time employment
12positions with more than one school district (as a reading
13specialist, special education teacher or otherwise), or an
14educational support personnel employee seeking employment
15positions with more than one district, any such district may
16require the applicant to furnish authorization for the check to
17the regional superintendent of the educational service region
18in which are located the school districts in which the
19applicant is seeking employment as a substitute or concurrent
20part-time teacher or concurrent educational support personnel
21employee. Upon receipt of this authorization, the school
22district or the appropriate regional superintendent, as the
23case may be, shall submit the applicant's name, sex, race, date
24of birth, social security number, fingerprint images, and other
25identifiers, as prescribed by the Department of State Police,
26to the Department. The regional superintendent submitting the

 

 

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1requisite information to the Department of State Police shall
2promptly notify the school districts in which the applicant is
3seeking employment as a substitute or concurrent part-time
4teacher or concurrent educational support personnel employee
5that the check of the applicant has been requested. The
6Department of State Police and the Federal Bureau of
7Investigation shall furnish, pursuant to a fingerprint-based
8criminal history records check, records of convictions,
9forever and hereinafter, until expunged, to the president of
10the school board for the school district that requested the
11check, or to the regional superintendent who requested the
12check. The Department shall charge the school district or the
13appropriate regional superintendent a fee for conducting such
14check, which fee shall be deposited in the State Police
15Services Fund and shall not exceed the cost of the inquiry; and
16the applicant shall not be charged a fee for such check by the
17school district or by the regional superintendent. Subject to
18appropriations for these purposes, the State Superintendent of
19Education shall reimburse the school district and regional
20superintendent for fees paid to obtain criminal history records
21checks under this Section.
22    (a-5) The school district or regional superintendent shall
23further perform a check of the Statewide Sex Offender Database,
24as authorized by the Sex Offender Community Notification Law,
25for each applicant. The check of the Statewide Sex Offender
26Database must be conducted by the school district or regional

 

 

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1superintendent once for every 5 years that an applicant remains
2employed by the school district.
3    (a-6) The school district or regional superintendent shall
4further perform a check of the Statewide Murderer and Violent
5Offender Against Youth Database, as authorized by the Murderer
6and Violent Offender Against Youth Community Notification Law,
7for each applicant. The check of the Murderer and Violent
8Offender Against Youth Database must be conducted by the school
9district or regional superintendent once for every 5 years that
10an applicant remains employed by the school district.
11    (b) Any information concerning the record of convictions
12obtained by the president of the board of education or the
13regional superintendent shall be confidential and may only be
14transmitted to the general superintendent of the school
15district or his designee, the appropriate regional
16superintendent if the check was requested by the board of
17education for the school district, the presidents of the
18appropriate board of education or school boards if the check
19was requested from the Department of State Police by the
20regional superintendent, the State Superintendent of
21Education, the State Educator Preparation and Licensure State
22Teacher Certification Board or any other person necessary to
23the decision of hiring the applicant for employment. A copy of
24the record of convictions obtained from the Department of State
25Police shall be provided to the applicant for employment. Upon
26the check of the Statewide Sex Offender Database, the school

 

 

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1district or regional superintendent shall notify an applicant
2as to whether or not the applicant has been identified in the
3Database as a sex offender. If a check of an applicant for
4employment as a substitute or concurrent part-time teacher or
5concurrent educational support personnel employee in more than
6one school district was requested by the regional
7superintendent, and the Department of State Police upon a check
8ascertains that the applicant has not been convicted of any of
9the enumerated criminal or drug offenses in subsection (c) of
10this Section or has not been convicted, within 7 years of the
11application for employment with the school district, of any
12other felony under the laws of this State or of any offense
13committed or attempted in any other state or against the laws
14of the United States that, if committed or attempted in this
15State, would have been punishable as a felony under the laws of
16this State and so notifies the regional superintendent and if
17the regional superintendent upon a check ascertains that the
18applicant has not been identified in the Sex Offender Database
19as a sex offender, then the regional superintendent shall issue
20to the applicant a certificate evidencing that as of the date
21specified by the Department of State Police the applicant has
22not been convicted of any of the enumerated criminal or drug
23offenses in subsection (c) of this Section or has not been
24convicted, within 7 years of the application for employment
25with the school district, of any other felony under the laws of
26this State or of any offense committed or attempted in any

 

 

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1other state or against the laws of the United States that, if
2committed or attempted in this State, would have been
3punishable as a felony under the laws of this State and
4evidencing that as of the date that the regional superintendent
5conducted a check of the Statewide Sex Offender Database, the
6applicant has not been identified in the Database as a sex
7offender. The school board of any school district may rely on
8the certificate issued by any regional superintendent to that
9substitute teacher, concurrent part-time teacher, or
10concurrent educational support personnel employee or may
11initiate its own criminal history records check of the
12applicant through the Department of State Police and its own
13check of the Statewide Sex Offender Database as provided in
14subsection (a). Any unauthorized release of confidential
15information may be a violation of Section 7 of the Criminal
16Identification Act.
17    (c) The board of education shall not knowingly employ a
18person who has been convicted of any offense that would subject
19him or her to license suspension or revocation pursuant to
20Section 21B-80 of this Code, except as provided under
21subsection (b) of 21B-80. Further, the board of education shall
22not knowingly employ a person who has been found to be the
23perpetrator of sexual or physical abuse of any minor under 18
24years of age pursuant to proceedings under Article II of the
25Juvenile Court Act of 1987. The board of education shall not
26knowingly employ a person who has been issued an indicated

 

 

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1finding of abuse or neglect of a child by the Department of
2Children and Family Services under the Abused and Neglected
3Child Reporting Act or by a child welfare agency of another
4jurisdiction.
5    (d) The board of education shall not knowingly employ a
6person for whom a criminal history records check and a
7Statewide Sex Offender Database check has not been initiated.
8    (e) No later than 15 business days after receipt of a
9record of conviction or of checking the Statewide Murderer and
10Violent Offender Against Youth Database or the Statewide Sex
11Offender Database and finding a registration, the general
12superintendent of schools or the applicable regional
13superintendent shall, in writing, notify the State
14Superintendent of Education of any license holder who has been
15convicted of a crime set forth in Section 21B-80 of this Code.
16Upon receipt of the record of a conviction of or a finding of
17child abuse by a holder of any license certificate issued
18pursuant to Article 21B 21 or Section 34-8.1 or 34-83 of the
19School Code, the State Superintendent of Education may initiate
20licensure certificate suspension and revocation proceedings as
21authorized by law. If the receipt of the record of conviction
22or finding of child abuse is received within 6 months after the
23initial grant of or renewal of a license, the State
24Superintendent of Education may rescind the license holder's
25license.
26    (e-5) The general superintendent of schools shall, in

 

 

HB3479- 38 -LRB101 08294 AXK 53362 b

1writing, notify the State Superintendent of Education of any
2license certificate holder whom he or she has reasonable cause
3to believe has committed an intentional act of abuse or neglect
4with the result of making a child an abused child or a
5neglected child, as defined in Section 3 of the Abused and
6Neglected Child Reporting Act, and that act resulted in the
7license certificate holder's dismissal or resignation from the
8school district. This notification must be submitted within 30
9days after the dismissal or resignation. The license
10certificate holder must also be contemporaneously sent a copy
11of the notice by the superintendent. All correspondence,
12documentation, and other information so received by the State
13Superintendent of Education, the State Board of Education, or
14the State Educator Preparation and Licensure State Teacher
15Certification Board under this subsection (e-5) is
16confidential and must not be disclosed to third parties, except
17(i) as necessary for the State Superintendent of Education or
18his or her designee to investigate and prosecute pursuant to
19Article 21B 21 of this Code, (ii) pursuant to a court order,
20(iii) for disclosure to the license certificate holder or his
21or her representative, or (iv) as otherwise provided in this
22Article and provided that any such information admitted into
23evidence in a hearing is exempt from this confidentiality and
24non-disclosure requirement. Except for an act of willful or
25wanton misconduct, any superintendent who provides
26notification as required in this subsection (e-5) shall have

 

 

HB3479- 39 -LRB101 08294 AXK 53362 b

1immunity from any liability, whether civil or criminal or that
2otherwise might result by reason of such action.
3    (f) After March 19, 1990, the provisions of this Section
4shall apply to all employees of persons or firms holding
5contracts with any school district including, but not limited
6to, food service workers, school bus drivers and other
7transportation employees, who have direct, daily contact with
8the pupils of any school in such district. For purposes of
9criminal history records checks and checks of the Statewide Sex
10Offender Database on employees of persons or firms holding
11contracts with more than one school district and assigned to
12more than one school district, the regional superintendent of
13the educational service region in which the contracting school
14districts are located may, at the request of any such school
15district, be responsible for receiving the authorization for a
16criminal history records check prepared by each such employee
17and submitting the same to the Department of State Police and
18for conducting a check of the Statewide Sex Offender Database
19for each employee. Any information concerning the record of
20conviction and identification as a sex offender of any such
21employee obtained by the regional superintendent shall be
22promptly reported to the president of the appropriate school
23board or school boards.
24    (f-5) Upon request of a school or school district, any
25information obtained by the school district pursuant to
26subsection (f) of this Section within the last year must be

 

 

HB3479- 40 -LRB101 08294 AXK 53362 b

1made available to the requesting school or school district.
2    (g) Prior to the commencement of any student teaching
3experience or required internship (which is referred to as
4student teaching in this Section) in the public schools, a
5student teacher is required to authorize a fingerprint-based
6criminal history records check. Authorization for and payment
7of the costs of the check must be furnished by the student
8teacher to the school district. Upon receipt of this
9authorization and payment, the school district shall submit the
10student teacher's name, sex, race, date of birth, social
11security number, fingerprint images, and other identifiers, as
12prescribed by the Department of State Police, to the Department
13of State Police. The Department of State Police and the Federal
14Bureau of Investigation shall furnish, pursuant to a
15fingerprint-based criminal history records check, records of
16convictions, forever and hereinafter, until expunged, to the
17president of the board. The Department shall charge the school
18district a fee for conducting the check, which fee must not
19exceed the cost of the inquiry and must be deposited into the
20State Police Services Fund. The school district shall further
21perform a check of the Statewide Sex Offender Database, as
22authorized by the Sex Offender Community Notification Law, and
23of the Statewide Murderer and Violent Offender Against Youth
24Database, as authorized by the Murderer and Violent Offender
25Against Youth Registration Act, for each student teacher. The
26board may not knowingly allow a person to student teach for

 

 

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1whom a criminal history records check, a Statewide Sex Offender
2Database check, and a Statewide Murderer and Violent Offender
3Against Youth Database check have not been completed and
4reviewed by the district.
5    A copy of the record of convictions obtained from the
6Department of State Police must be provided to the student
7teacher. Any information concerning the record of convictions
8obtained by the president of the board is confidential and may
9only be transmitted to the general superintendent of schools or
10his or her designee, the State Superintendent of Education, the
11State Educator Preparation and Licensure Board, or, for
12clarification purposes, the Department of State Police or the
13Statewide Sex Offender Database or Statewide Murderer and
14Violent Offender Against Youth Database. Any unauthorized
15release of confidential information may be a violation of
16Section 7 of the Criminal Identification Act.
17    The board may not knowingly allow a person to student teach
18who has been convicted of any offense that would subject him or
19her to license suspension or revocation pursuant to subsection
20(c) of Section 21B-80 of this Code, except as provided under
21subsection (b) of Section 21B-80. Further, the board may not
22allow a person to student teach if he or she or who has been
23found to be the perpetrator of sexual or physical abuse of a
24minor under 18 years of age pursuant to proceedings under
25Article II of the Juvenile Court Act of 1987. The board may not
26knowingly allow a person to student teach who has been issued

 

 

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1an indicated finding of abuse or neglect of a child by the
2Department of Children and Family Services under the Abused and
3Neglected Child Reporting Act or by a child welfare agency of
4another jurisdiction.
5    (h) (Blank).
6(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
7    (105 ILCS 5/34-84b)  (from Ch. 122, par. 34-84b)
8    Sec. 34-84b. Conviction of criminal sex or narcotics
9offense, first degree murder, attempted first degree murder, or
10Class X felony as grounds for revocation of certificate.
11    (a) Whenever the holder of any certificate issued by the
12board of education has been convicted of any criminal sex
13offense or narcotics offense as defined in this Section, the
14board of education shall forthwith suspend the certificate. If
15the conviction is reversed and the holder is acquitted of the
16offense in a new trial or the charges against him are
17dismissed, the board shall forthwith terminate the suspension
18of the certificate. When the conviction becomes final, the
19board shall forthwith revoke the certificate. "Criminal Sex
20offense" as used in this Section means any one or more of the
21following offenses: (1) any offense defined in Sections 11-6,
2211-9 through 11-9.5, inclusive, and 11-30 (if punished as a
23Class 4 felony) of the Criminal Code of 1961 or the Criminal
24Code of 2012; , Sections 11-14.1 11-14 through 11-21, inclusive,
25of the Criminal Code of 1961 or the Criminal Code of 2012;

 

 

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1Sections 11-23 (if punished as a Class 3 felony), 11-24, 11-25,
2and 11-26 of the Criminal Code of 1961 or the Criminal Code of
32012; Section 10-5.1, subsection (c) of Section 10-9, and
4Sections 11-6.6, 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1,
512-34, 12-34.5, and 12-35 of the Criminal Code of 2012; and and
6Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
712-14, 12-14.1, 12-15 and 12-16, 12-32, 12-33, 12C-45, and 26-4
8(if punished pursuant to subdivision (4) or (5) of subsection
9(d) of Section 26-4) of the Criminal Code of 1961 or the
10Criminal Code of 2012; (2) any attempt to commit any of the
11foregoing offenses, and (3) any offense committed or attempted
12in any other state which, if committed or attempted in this
13State, would have been punishable as one or more of the
14foregoing offenses. "Narcotics offense" as used in this Section
15means any one or more of the following offenses: (1) any
16offense defined in the Cannabis Control Act except those
17defined in Sections 4(a), 4(b) and 5(a) of that Act and any
18offense for which the holder of any certificate is placed on
19probation under the provisions of Section 10 of that Act and
20fulfills the terms and conditions of probation as may be
21required by the court; (2) any offense defined in the Illinois
22Controlled Substances Act except any offense for which the
23holder of any certificate is placed on probation under the
24provisions of Section 410 of that Act and fulfills the terms
25and conditions of probation as may be required by the court;
26(3) any offense defined in the Methamphetamine Control and

 

 

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1Community Protection Act except any offense for which the
2holder of any certificate is placed on probation under the
3provision of Section 70 of that Act and fulfills the terms and
4conditions of probation as may be required by the court; (4)
5any attempt to commit any of the foregoing offenses; and (5)
6any offense committed or attempted in any other state or
7against the laws of the United States which, if committed or
8attempted in this State, would have been punishable as one or
9more of the foregoing offenses.
10    (a-5) Whenever the holder of a license issued pursuant to
11Article 21B or applicant for a license to be issued pursuant to
12Article 21B has been charged with attempting to commit,
13conspiring to commit, soliciting, or committing a criminal
14offense, first degree murder, or a Class X felony or any
15offense committed or attempted in any other state or against
16the laws of the United States that, if committed or attempted
17in this State, would have been punishable as one or more of the
18foregoing offenses, the State Superintendent of Education
19shall immediately suspend the license or deny the application
20until the person's criminal charges are adjudicated through a
21court of competent jurisdiction. If the person is acquitted,
22the license or application shall be immediately reinstated.
23    (b) Whenever the holder of any certificate issued by the
24board of education or pursuant to Article 21B 21 or any other
25provisions of the School Code has been convicted of first
26degree murder, attempted first degree murder, or a Class X

 

 

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1felony, the board of education or the State Superintendent of
2Education shall forthwith suspend the certificate. If the
3conviction is reversed and the holder is acquitted of that
4offense in a new trial or the charges that he or she committed
5that offense are dismissed, the State Superintendent of
6Education suspending authority shall forthwith terminate the
7suspension of the certificate. When the conviction becomes
8final, the State Superintendent of Education shall forthwith
9revoke the certificate. The stated offenses of "first degree
10murder", "attempted first degree murder", and "Class X felony"
11referred to in this Section include any offense committed in
12another state that, if committed in this State, would have been
13punishable as any one of the stated offenses.
14(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/10-21.9from Ch. 122, par. 10-21.9
4    105 ILCS 5/21B-45
5    105 ILCS 5/21B-80
6    105 ILCS 5/24-14from Ch. 122, par. 24-14
7    105 ILCS 5/34-18.5from Ch. 122, par. 34-18.5
8    105 ILCS 5/34-84bfrom Ch. 122, par. 34-84b